Basic Standards of Review Flashcards

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1
Q

Rational Basis (Presumption of Validity)

A

1) Legitimate Purpose
2) Rationally Related Means

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2
Q

Examples of Cases Getting Rational Basis - Equal Protection:

A

Non-Fundamental Rights:
Economic;
Employment;
Education; and
Social Welfare

Non-suspect classifications:
Mental Disability

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3
Q

Examples of Cases Getting Rational Basis - Due Process:

A

Non-Fundamental Rights:
Economic;
Employment;
Education; and
Social Welfare

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4
Q

Intermediate Scrutiny (Presumption of Invalidity)

A

1) Important Purpose
2) Substantially Related Means

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5
Q

Examples of Cases Getting Intermediate Scrutiny:

A

Quasi-Suspect Classifications:
Sex-Based Classification
Illegitimacy

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6
Q

Strict Scrutiny (Strong Presumption of Invalidity)

A

1) Compelling Interest
2) Narrowly Tailored Means

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7
Q

Examples of Cases Getting Strict Scrutiny - Equal Protection

A

Fundamental rights (including liberty Interests):
First Amendment Rights;
Privacy;
Right to travel;
Voting

Suspect Classifications:
Race; or
Religion; or
National Origin; or
Lawful Alienage

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8
Q

Examples of Cases Getting Strict Scrutiny - Due Process Claim

A

Fundamental rights (including liberty Interests):
First Amendment Rights;
Privacy;
Right to travel;
Voting

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